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8 Acta Univ. Sapientiae: Legal Stud. 191 (2019)
Artificial Intelligence as an Instrument of Discrimination in Workforce Recruitment

handle is hein.journals/ausapls8 and id is 198 raw text is: ACTA UNIv. SAPIENTIAE, LEGAL STUDIES, 8, 2 (2019) 191-212 Artificial Intelligence as an Instrument of Discrimination in Workforce Recruitment Alessandra Miasato undergraduate student Universidade Presbiteriana Mackenzie, Sdo Paulo (Brazil) E-mail: alessandra.miasato@gmail. com Fabiana Reis Silva undergraduate student Universidade Presbiteriana Mackenzie, Sdo Paulo (Brazil) E-mail: fabianareis.nm@gmail.com Abstract. The purpose of this article is to reflect on the use of artificial intelligence in the process of hiring and on how biased algorithms can pose a great risk of discrimination to particular groups if artificial intelligence is not used properly with an emphasis on labour relations. Based on current research, we present the wide range of uses how AI technology can be deployed in the search for employees who satisfy the needs of employers on the labour market. The various manifestations of bias in AI implementations utilized in the field of human resources as well as their causes are presented. We conclude that in order to avoid discrimination due to either wilful programmer behaviour or implicit in the data used to train AI agents, the observance of legal and ethical norms, as outlined in tentative projects underway worldwide, is necessary. Keywords: biased algorithms, discrimination in labour relations, artificial intelligence 1. Introduction Discriminatory behaviours are part of the society for various reasons, many with historical origins. And when it comes to labour relations the risk of discrimination is very high due to the applicant's skin colour, sexual orientation, gender, or physical aspects in general, among others. This discrimination can occur both during the selection process for a certain job and the execution of the employment contract. In entirely personal interviews, there is a greater risk of a candidate suffering from the prejudice any potential employer may have against them. However,

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